The lawsuit is not for the dreaded Red Ring of Death, but
rather for the console’s rare but nasty habit of scratching discs. As Joystiq
reports, the lawsuit contends that the plaintiffs in the case "have been
damaged in that their game discs were destroyed by the Xbox 360 during
reasonable, foreseeable, normal, and intended use... The Xbox 360 was
negligently designed and manufactured in that the Console's laser disc reading
assembly contacts and scratches the video game discs during normal and intended
operation and use."

The issue of the Xbox 360 scratching discs even when the
console is unmoved first caught the attention or European consumer watchdogs after
a special feature ran on Dutch TV show Kassa. At the time of the complaint,
Microsoft said to 1UP, "We are
working in an open dialogue with Commissioner Kuneva to clarify our position
and all the efforts we are taking across the EU, and in fact globally, to
address any consumer concerns. As we have said previously, there is no
widespread issue regarding scratched discs as is alleged by Kassa. That said,
we encourage any Xbox customer who believes that their discs have been
scratched in the same manner as identified by Kassa, to contact us."

Microsoft’s statement continued, "We will examine the
console and make appropriate repairs if necessary in order to restore the
console to full working order, as well as provide customers with information on
how to obtain replacement discs should they need them."

Filed in Fort Lauderdale, Fla. by Jorge Brouwer, a Broward County
resident who bought an Xbox 360 in 2006, the lawsuit seeks five million dollars
in damages for the scratched game discs. Microsoft has yet to respond.

"When an individual makes a copy of a song for himself, I suppose we can say he stole a song." -- Sony BMG attorney Jennifer Pariser